When a lease is completed in England, it is normal for there to be more than one signed copy (the landlord signs one part and the tenant signs the other). People often worry: does each copy have to be "stamped"? Does signing several copies mean paying tax more than once? The short answer is no and here is why.
Counterparts and duplicates: how leases are signed
A lease is commonly executed in two parts:
- the lease (sometimes called the "original" or engrossment), signed by the landlord; and
- the counterpart, signed by the tenant.
After completion, the parties swap: the tenant keeps the lease signed by the landlord, and the landlord keeps the counterpart signed by the tenant. Both are originals of the same single transaction, together they record one lease, not two separate ones. (Modern leases can also be signed "in counterpart" electronically, with each party signing a copy.)
The old "stamp duty on documents" has gone, for land in England, it's SDLT
The confusion usually comes from the old stamp duty, which historically was a tax on certain documents that had to be physically stamped to be admissible. For land transactions in England, that document-based duty has been replaced by Stamp Duty Land Tax (SDLT) under the Finance Act 2003.
The crucial change is conceptual: *SDLT is a tax on the transaction, not on the piece of paper. It does not matter how many copies or counterparts of the lease are signed, there is one transaction (the grant of the lease), so there is one SDLT charge*. You do not "stamp" each counterpart, and signing duplicates does not multiply the tax.
One transaction, one SDLT return
For a notifiable land transaction, the tenant (the buyer of the interest) must file a single SDLT land transaction return with HMRC and pay any SDLT due. Key points:
- One return per transaction, regardless of how many counterparts exist.
- A transaction can be notifiable even if no SDLT is actually payable, so check whether a return is required even where the figures produce nil tax.
- For leases, SDLT is calculated on any premium and on the net present value (NPV) of the rent over the term, so longer or higher-rent leases are more likely to cross the thresholds.
Are the copies legally equal?
Yes. Each executed part (the lease and the counterpart) is a valid record of the lease. Each party can rely on the part signed by the other as evidence of the agreement. There is no need for every party to sign every copy; that is the whole point of executing in counterpart.
Practical points
- Expect two signed parts (lease + counterpart); keep the one signed by the other side safe with your title documents.
- Do not worry about "stamping" each copy, SDLT is transaction-based.
- Make sure the tenant files the SDLT (or LTT) return on time where the transaction is notifiable, even if no tax is due.
- For registrable leases (generally those over seven years), remember the separate step of registration at HM Land Registry.
Key takeaways
- A lease is usually signed in two parts (the lease (landlord) and the counterpart (tenant)) both originals of one transaction.
- The old document stamp duty has been replaced for land transactions in England by SDLT (Finance Act 2003), which taxes the transaction, not the paper.
- Multiple copies/counterparts mean one SDLT charge and one return; a return may be needed even if no tax is due.
- Longer leases may also need Land Registry registration.
Sources
- Finance Act 2003 (Stamp Duty Land Tax), SDLT as a tax on land transactions in England; land transaction returns
- Practice of executing leases in counterpart; counterparts as originals of a single transaction
- HM Land Registry registration requirements for longer leases
--- This article is general information about the law of England as at 2026, not legal or tax advice. For advice on your circumstances, consult a qualified solicitor or tax adviser.